D'Alessandra, Federica, "Human Rights and Alternative Legality in Israel..."

Title: "Human Rights and Alternative Legality in Israel and the Occupied Palestinian Territories"
Author: Federica D'Alessandra
Publication Date: 4/1/2014
Abstract: This working paper focuses on the legal protection awarded to the Arab populations under Israeli jurisdiction. In analyzing their legal protection, the author distinguishes between Arab Israelis and other Arab populations resident in territories under Israeli jurisdiction. The author does not deal with Israeli settlements or other discriminating laws such as marriage laws and the family reunification laws, but focuses on anti-terrorism measures. The working paper is divided in three parts: in the first part, the author discusses Israel’s domestic obligations towards Arab Israelis and Palestinian residents, and their de facto discrimination. The second part discusses the applicability of the Fourth Geneva Convention to both the Occupied Palestinian Territories and Palestinian unlawful combatants. The third part discusses the applicability of human rights law to all territories under Israeli jurisdiction, and delves into the issue of the mutual relationship between the two international legal regimes in the territories under occupation. The working paper concludes that many Israeli anti-terrorism measures (such as check-points, night searches of Palestinian households, administrative detentions and targeted executions of Palestinian militants) violate individuals’ rights protected under domestic and international law. Moreover, this working paper finds that Israel’s rationale underpinning the non-applicability of such legislation to the Arab populations under its jurisdiction constitutes a form of ‘alternative legality’ and discrimination.
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